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NLJ this week: Practical steps for employers on ‘failure to prevent…’

18 April 2025
Issue: 8113 / Categories: Legal News , Regulatory , Commercial , Employment , Fraud , Governance , Harassment
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The dizzying array of regulatory requirements facing UK businesses is about to increase, with new ‘failure to prevent fraud’ duties in force in September and the proposed duty to prevent sexual harassment. In this week’s NLJ, Kerry Garcia, partner and head of employment, immigration & pensions, and James Evison, partner, at Stevens & Bolton, offer some practical steps for employers.

Garcia and Evison note that the incoming duties (bearing in mind the duty to prevent sexual harassment is currently a provision in the Employment Rights Bill) ‘signify a major shift in corporate governance’. They build on existing duties to prevent bribery, tax evasion and illegal working, and come amid increasing willingness on the part of the government to crack down on non-compliance.

The authors write: ‘Achieving these laudable aims through new regulatory measures and increased compliance action will place additional burdens on business—even those with a good track record on these issues. There is a clear tension between the government’s aim of driving behavioural change for businesses and, at the same time, its hope that those businesses will generate UK economic growth.’

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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